Volume 58 of Naval Law Review includes article by Code 45 alumnus Colin Kisor
Looking for a last-minute gift for the judge advocate who has everything? How about a copy of Volume 58 of the Naval Law Review, available here. The issue includes an article by our former Code 45 colleague Colin Kisor called, The Need for Sentencing Reform in Military Courts-Martial, 58 Naval L. Rev. 39 (2009). Colin argues against the current sentencing system because members panels routinely adjudge sentences that are too lenient. He offers three proposed reforms:
First, the system by which the members determine the punishment should be abandoned in favor of sentencing by a military judge. Second, a system of sentencing guidelines for felony-level crimes should be adopted in order to assist the military judge (or the members if they remain the sentencing authority) in selecting an appropriate sentence. Finally, the United States should be permitted to appeal an unreasonably light sentence.
well heck lets get rid of A-15s for drug offenses, after all, those are sometimes “felony-level” offenses depending on the drug involved.
Spare us from the mandatory minimums of the Federal sentencing system.
I suppose there’s a reason why Stephen Green wanted to be tried by a court-martial, rather than a federal district court. It certainly wasn’t because there was a plausible shot at an acquittal.